Jones Act (Merchant Marine Act of 1920)

Prior to the passage of the Jones Act of 1920, the merchant marine had little protection in the event they were injured while out at sea. The Jones Act is a critical piece of legislation that was passed in 1920. The legislation protected each person that worked on a ship from the ship’s captain all the way down to the last crew member. The Jones Act is technically titled the Merchant Marine Act of 1920; however, it has become known as the Jones Act which was sponsored by Senator Wesley Jones. In response to the concerns for the health and wellbeing of the sailors and a ship’s crew, the Jones Act was created to provide protections for sailors who were injured or killed while working on a vessel.

The Merchant Marine Act of 1920 (P.L. 66-261) is a United States federal statute that sets forth regulations for maritime commerce in U.S. waters, as well as between United States ports. Section 27 is known as the Jones Act, this section addresses coastal shipping and it states that all goods that are transported within U.S. ports must be carried in U.S. flag ships which are constructed by the United States. These ships must also be crewed by U.S. citizens and U.S. permanent residents. Since it was originally enacted, the Merchant Marine Act of 1920 has been revised numerous times with the most recent recodified version having taken place in 2006.

Jones Act of 1920 – Protecting Seaman’s Rights

The Merchant Marine Act was originally adopted by the United States Congress in June of 1920, and was formerly known as 46 U.S.C. § 688; however, it was codified on October 6, 2006 as 46 U.S.C. § 30104. Under 46 U.S.C. § 30104, when a seamen is injured during the course of his or her employment, or if the seaman dies from the injuries, the personal representative has the legal right to bring a civil action against their employer and with the right to a trial by jury.

The Jones Act allows injured sailors to make a claim for damages against their employers for negligence on behalf of the ship’s captain, their fellow crew members, or even the ship’s owner. This Act was designed to extend very similar legislation that was already in place for railroad workers, and by extending this legislation to sailors, it provides protections that were not available under common international maritime law. However, the Act maintains that no action shall be undertaken or damages for the injury or the death of a person who was not a United States citizen or a permanent resident alien of the United States at the time that the incident occurred.

The United States Supreme Court determined that a Jones Act seaman is any worker who spends less than 30 percent of his or her time in the service of a vessel, and an action may be brought under the Jones Act in either a state court or in a U.S. federal court. With a Jones Act claim, the seaman is entitled to a jury trial, which is a right that is not ordinarily afforded under maritime law.

In addition to claims of negligence, a seaman under this act is entitled to maintenance and cure. This is the legal requirement of an employer to provide the injured with medical care, as well as with basic living expenses while they are recovering. The medical costs related to these types of injuries are often extensive. If you were injured on a commercial diving job, it is critical that you contact a commercial dive accident lawyer at once for an aggressive legal response.